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STATE v. GARDNER

C.A. No. 24308.

2011 Ohio 5692

State of Ohio, Plaintiff-Appellee, v. Damaad S. Gardner, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on November 4, 2011.

Attorney(s) appearing for the Case

Timothy J. Cole , Atty. Reg. No. 0084117, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Rebekah S. Neuherz , Atty. Reg. No. 0072093, 150 N. Limestone Street, Suite 218, Springfield, Ohio 45501, Attorney for Defendant-Appellant.

OPINION

FROELICH, J.

{¶ 1} Defendant-appellant Damaad Gardner appeals from his conviction for possession of cocaine. For the following reasons, the judgment of the trial court is Reversed, and the case is Remanded.

I

{¶ 2} According to the testimony at the motion to suppress hearing, on the evening of March 17, 2010, Detective David House of the Dayton Police Department was patrolling...

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